City sues contractor over delays

The city of Cape Girardeau has sued a contractor, seeking more than $596,000 in damages because a street construction project was not completed on time.

The two-pronged lawsuit, filed in Cape Girardeau County Circuit Court earlier this month, said the contractor, R.L. Persons Construction Co. of Poplar Bluff, Missouri, breached the contract by failing to meet extended deadlines to complete Veterans Memorial Drive.

It seeks $314,200 in damages for failing to achieve "substantial completion" by mid-March 2017 and another $282,000 and counting for failing to finish all of the work by the final deadline of April 12, 2017.

The Southeast Missourian reached out to Persons Construction for a comment, but as of late Tuesday afternoon a message left with a company employee had not been returned.

But Randy Persons, who owns the construction firm, said last May utility-relocation work delayed the start of the project.

City officials said relocation work was scheduled to begin in May 2016 but didn't start until June of that year.

City engineer Casey Brunke said private utility companies didn't finish their relocation work until September.

Months went by with the contractor doing little work on the project, deputy city manager Molly Mehner said last May.

Persons said at that time his company would contest the fines. "We don't believe they are fair in any shape, form or fashion," he said.

He said he didn't know the project would not be ready to build until fall 2016. "We were forced to try to build it in the fall and winter," Persons said last year.

Wet weather delayed construction, he said.

In January 2016, the city awarded the $1.68 million project to Persons Construction, the low bidder.

The project involved constructing concrete pavement, sanitary sewers and sidewalks and installing streetlights, according to the lawsuit. The new section of roadway bordering Interstate 55, runs from Scenic Drive to Hopper Road.

City staff gave the contractor notice to proceed Feb. 17, 2016, the suit states. The contract called for substantial completion of the project by Nov. 13, 2016.

"Achieving completion of the project in a timely manner was critical to the city, as the project required road closures that would inconvenience city residents," the lawsuit states.

The contractor completely closed Hopper Road to traffic on May 9, 2016, and did not reopen it until Nov. 23 of that year, according to the petition.

On Oct. 28, 2016, Persons Construction requested a 120-day extension to complete the project.

On Feb. 3, 2017, the contractor requested an additional 175-day extension as the project was still unfinished, according to the suit. On Feb. 14, 2017, the city granted a 120-day extension retroactively, setting the completion date for mid-March of last year.

In May 2017, city officials expressed frustration to the Southeast Missourian about the slow pace of work. The project was not substantially completed until July 13, 2017, 122 days later than the final extension allowed, according to the suit.

The contract called for Persons Construction to pay $1,100 a day in fines for every day the construction work remained unfinished beyond the substantial completion deadline.

Veterans Memorial Drive was opened to traffic last July.

But the lawsuit states the contractor "still has not achieved final completion of all of its work, and readiness for final payment under the contract." The city seeks $1,500 a day in liquidated damages dating back to Aug. 12, 2017 for Persons Construction not completely finishing the project, according to the suit.

mbliss@semissourian.com

(573) 388-3641

Pertinent address:

Veterans Memorial Drive, from Scenic Drive to Hopper Road